Statement of Objects and Reasons
appended to the Constitution
(Seventy-seventh Amendment) Bill, 1992 which was enacted as
the Constitution (Seventy-fifth
Amendment) Act, 1993

STATEMENT OF OBJECTS AND REASONS

The operation of the Rent
Control Legislations, as are today in
various States, suffers from major weaknesses and has led to various
unintended consequences. Some of the deleterious legal consequences
include mounting and unending litigation, inability of the courts to
provide timely justice, evolution of practices and systems to by pass
the operations of rent legislations and steady shrinkage of rental
housing market.

2. The Supreme Court, taking note
of the precarious state of rent
litigation in the country, in the case of Prabhakaran Nair and others
Vs. State of Tamil Nadu (Civil Writ Petition 506 of 1986 and other
writs) observed that the Supreme Court and the High Courts should be
relieved of the heavy burden of rent litigation. Tiers of appeals
should be curtailed. Laws should be simple, rational
and clear.
Litigations must come to end quickly. The idea of a National
Rent
Tribunal on an all-India basis with quicker procedure
should be
examined.

3. It is proposed to
amend article 323B in Part XIVA of the
Constitution so as to give timely relief to the rent litigants
by
providing for setting up of State-level Rent Tribunals in order to
reduce the tiers of appeals and to exclude the jurisdiction of all
courts, except that of the Supreme Court, under article 136 of the
Constitution.

4. The Bill seeks to achieve the aforesaid
objects.

NEW DELHI;
SHEILA KAUL.

The 23rd June, 1992.

THE CONSTITUTION (SEVENTY-FIFTH AMENDMENT)
ACT, 1993

[5th February, 1994.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-fourth
Year of the Republic
of India as follows:-

1. Short title and
commencement.-(1) This Act may be called the
Constitution (Seventy-fifth Amendment) Act, 1993.

(2) It shall come into
force on such date_682 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 323B.-In article 323B
of the Constitution, in
clause (2),-

(a) sub-clauses (h) and
(i) shall be
re-lettered as sub-clauses (i)
and (j), and before sub-clause (i), as so re-lettered, the following
sub-clause shall be inserted, namely:-

"(h) rent, its regulation and control and
tenancy issues including the
right, title and interest of landlords and tenants;";

(b) in sub-clause (i), as so re-lettered, for
the brackets and letter
"(g)", the brackets and letter "(h)" shall be substituted;

(c) in sub-clause (j), as so re-lettered, for
the brackets and letter
"(h)", the brackets and letter "(i)" shall be substituted.